NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[29 Pa.B. 2933] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 20, 1999, and took the following action:
Regulations Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective May 19, 1999
Insurance Department #11-181: Tables Approved for Use in Determining Minimum Nonforfeiture Standards and Minimum Standards for Valuation (amends 31 Pa. Code Chapter 84)
Regulations Approved:
Insurance Department #11-175: Title Insurance Rebates (amends 31 Pa. Code Chapter 125)
State Board of Professional Engineers, Land Surveyors and Geologists #16A-476: Appeal from Board Decision (amends 49 Pa. Code § 37.102)
Department of Health #10-158: Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) (amends 28 Pa. Code Chapters 1101--1113)
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IRRC Regulation #11-181 (#1983): Insurance Department; Tables Approved for Use in Determining Minimum Nonforfeiture Standards and Minimum Standards for Valuation
May 20, 1999
Honorable M. Diane Koken, Commissioner
Insurance Department
1326 Strawberry Square
Harrisburg, PA 17120Dear Commissioner Koken:
Since this proposal meets all of the criteria under Section 5b(3), your regulation is approved. A copy of this letter will be forwarded to the Legislative Reference Bureau.
Any questions you or your staff may have, contact Robert E. Nyce, our Executive Director at 783-5506.
Sincerely,
JOHN R. MCGINLEY, Jr.,
Chairperson____
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner
Public Meeting held
May 20, 1999Insurance Department--Title Insurance Rebates; Regulation No. 11-175
Order On September 14, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 125. The authority for this regulation is 40 P. S. § 910-30. The proposed regulation was published in the September 26, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 28, 1999. On May 4, 1999, the Commission received a request from the Department to toll consideration of this final-form regulation to correct the annex for consistency with the Pennsylvania Code. On May 4, 1999, the Department submitted its revisions to the final-form regulation to the Commission.
The proposed regulation removes prohibitions against rebating and inducement activities associated with title insurance transactions. The prohibitions, established by Department regulations in 1968, no longer have a statutory basis. The section of law that authorized the current regulatory prohibitions was repealed and replaced by Act 79 of 1995 (Act 79).
We have reviewed the revised final-form regulation and find it to be in the public interest. This proposal will delete provisions that are inconsistent with the new requirements under Act 79.
Therefore, It Is Ordered That:
1. Regulation No. 11-175 from the Insurance Department, as revised on May 4, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
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Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner
Public Meeting held
May 20, 1999State Board for Professional Engineers, Land Surveyors and Geologists--Appeal From Board Decision; Regulation No. 16A-476
Order On April 27, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board for Professional Engineers, Land Surveyors and Geologists (Board). This rulemaking amends 49 Pa. Code § 37.102. The authority for this regulation is 63 P. S. § 151(i). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Board is correcting a conflict between its regulations and the Pennsylvania Rules of Appellate Procedure. The existing regulation states the start of the 30-day time period for appealing a Board decision to Commonwealth Court begins on the date the Board's decision is served. The amendment states the time period begins on the date the Board's order is entered.
The House Professional Licensure Committee unanimously approved this regulation on May 11, 1999.
We have reviewed this regulation and find it to be in the public interest. Making the Board's regulation consistent with the Pennsylvania Rules of Appellate Procedure will avert confusion over filing deadlines.
Therefore, It Is Ordered That:
1. Regulation No. 16A-476 from the State Board for Professional Engineers, Land Surveyors and Geologists, as submitted to the Commission on April 27, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
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Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner
Public Meeting held
May 20, 1999Department of Health--Supplemental Nutrition Program for Women, Infants and Children (WIC Program); Regulation No. 10-158
Order On April 29, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapters 1101--1113. The authority for this regulation is 42 U.S.C.A. § 1786. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This proposal provides for the authorization and management of retail grocery stores participating in the WIC program, a federal program administered by the Department. The WIC program provides supplemental nutrition benefits to women, infants and children who are found to be at nutritional risk during critical stages of growth. This regulation establishes provisions for store participation in the program, the food inventory that a WIC store must maintain, the sanctions that will be imposed for non-compliance, and the appeal process for individuals who are denied benefits.
We have reviewed this regulation and find it to be in the public interest. The regulation is necessary to respond to a Commonwealth Court decision that found that the criteria used to authorize stores to participate were invalid because they were not promulgated as a regulation.
Therefore, It Is Ordered That:
1. Regulation No. 10-158 from the Department of Health, as submitted to the Commission on April 29, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 99-909. Filed for public inspection June 4, 1999, 9:00 a.m.]
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